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37291

Proposed Rules Federal Register


Vol. 70, No. 124

Wednesday, June 29, 2005

This section of the FEDERAL REGISTER Seventh Street, SW., Nassif Building, Statement in the Federal Register
contains notices to the public of the proposed room PL–401, Washington, DC 20590. published on April 11, 2000 (65 FR
issuance of rules and regulations. The • By fax: (202) 493–2251. 19477–78), or you can visit http://
purpose of these notices is to give interested • Hand Delivery: Room PL–401 on dms.dot.gov.
persons an opportunity to participate in the the plaza level of the Nassif Building,
rule making prior to the adoption of the final
400 Seventh Street SW., Washington, Examining the Docket
rules.
DC, between 9 a.m. and 5 p.m., Monday You can examine the AD docket on
through Friday, except Federal holidays. the Internet at http://dms.dot.gov, or in
DEPARTMENT OF TRANSPORTATION For service information identified in person at the Docket Management
this proposed AD, contact Fokker Facility office between 9 a.m. and 5
Federal Aviation Administration Services B.V., P.O. Box 231, 2150 AE p.m., Monday through Friday, except
Nieuw-Vennep, the Netherlands. Federal holidays. The Docket
14 CFR Part 39 You can examine the contents of this Management Facility office (telephone
AD docket on the Internet at http:// (800) 647–5227) is located on the plaza
[Docket No. FAA–2005–21683; Directorate dms.dot.gov, or in person at the Docket
Identifier 2005–NM–021–AD] level of the Nassif Building at the DOT
Management Facility, U.S. Department street address stated in the ADDRESSES
RIN 2120–AA64 of Transportation, 400 Seventh Street, section. Comments will be available in
SW., room PL–401, on the plaza level of the AD docket shortly after the DMS
Airworthiness Directives; Fokker the Nassif Building, Washington, DC. receives them.
Model F27 Mark 200, 400, 500, and 600 This docket number is FAA–2005–
Airplanes 21683; the directorate identifier for this Discussion
AGENCY: Federal Aviation docket is 2005-NM–021–AD. The Civil Aviation Authority—The
Administration (FAA), Department of FOR FURTHER INFORMATION CONTACT: Tom Netherlands (CAA-NL), which is the
Transportation (DOT). Rodriguez, Aerospace Engineer, airworthiness authority for the
ACTION: Notice of proposed rulemaking International Branch, ANM–116, FAA, Netherlands, notified us that an unsafe
(NPRM). Transport Airplane Directorate, 1601 condition may exist on certain Fokker
Lind Avenue, SW., Renton, Washington Model F27 Mark 200, 400, 500, and 600
SUMMARY: The FAA proposes to adopt a 98055–4056; telephone (425) 227–1137; airplanes. The CAA-NL advises that the
new airworthiness directive (AD) for fax (425) 227–1149. rotary knobs controlling the fuel tank
certain Fokker Model F27 Mark 200, SUPPLEMENTARY INFORMATION: isolating valves were found in the shut
400, 500, and 600 airplanes. This position during investigation of a recent
proposed AD would require a general Comments Invited accident caused by fuel starvation to
visual inspection of the rotary knobs for We invite you to submit any relevant both engines shortly before takeoff.
the fuel tank isolation valves to written data, views, or arguments Although the airplane had been
determine if the seal wire has been regarding this proposed AD. Send your delivered with a seal wire between the
installed correctly and corrective comments to an address listed under two knobs, investigators found no seal
actions if necessary. This proposed AD ADDRESSES. Include ‘‘Docket No. FAA– wire or holes in the knobs for attaching
is prompted by investigation of a recent 2005–21683; Directorate Identifier the seal wire. Other airplanes were
accident, which found that the rotary 2005–NM–021–AD’’ at the beginning of found to have the seal wire installed
knobs controlling the fuel tank isolating your comments. We specifically invite incorrectly. Inadvertently moving the
valves had been in the shut position. We comments on the overall regulatory, rotary knobs to the shut position, if not
are proposing this AD to ensure that the economic, environmental, and energy prevented, could result in fuel
rotary knobs are not inadvertently aspects of the proposed AD. We will starvation to both engines and
moved to the shut position, which could consider all comments submitted by the consequent inability to maintain
result in fuel starvation to both engines closing date and may amend the controlled flight and landing.
and consequent inability to maintain proposed AD in light of those
controlled flight and landing. Relevant Service Information
comments.
DATES: We must receive comments on We will post all comments we Fokker Services B.V. has issued
this proposed AD by July 29, 2005. receive, without change, to http:// Fokker Service Bulletin F27/28–67,
ADDRESSES: Use one of the following dms.dot.gov, including any personal dated February 23, 2004. The service
addresses to submit comments on this information you provide. We will also bulletin describes procedures for doing
proposed AD. post a report summarizing each an inspection of the rotary knobs for the
• DOT Docket Web site: Go to substantive verbal contact with FAA fuel tank isolation valves to determine
http://dms.dot.gov and follow the personnel concerning this proposed AD. if the seal wire has been installed
instructions for sending your comments Using the search function of our docket correctly, and taking corrective actions
electronically. Web site, anyone can find and read the if necessary. The corrective actions
• Government-wide rulemaking Web comments in any of our dockets, include the following actions:
site: Go to http://www.regulations.gov including the name of the individual • If the holes are positioned
and follow the instructions for sending who sent the comment (or signed the incorrectly or are not drilled, drilling
your comments electronically. comment on behalf of an association, two holes in each rotary knob and
• Mail: Docket Management Facility, business, labor union, etc.). You can reidentifying the knobs as P/N Y00092–
U.S. Department of Transportation, 400 review the DOT’s complete Privacy Act 401.

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37292 Federal Register / Vol. 70, No. 124 / Wednesday, June 29, 2005 / Proposed Rules

• If the seal wire is installed compliance is approved. This difference air commerce by prescribing regulations
incorrectly, installing the seal wire from has been coordinated with the CAA–NL. for practices, methods, and procedures
the bottom hole in the left rotary knob Dutch airworthiness directive 2004– the Administrator finds necessary for
to the top hole in the right rotary knob 037 R1 requires incorporating the safety in air commerce. This regulation
with the knobs in the open position. changes specified in Fokker Services is within the scope of that authority
• If the seal wire is installed Manual Change Notification MCNO because it addresses an unsafe condition
correctly, installing a placard between F27–018, dated December 1, 2003, into that is likely to exist or develop on
the rotary knobs. the airplane flight manual, and the products identified in this rulemaking
The service bulletin also specifies the changes specified in Fokker Services action.
following: Manual Change Notification MCNM
• Contacting the manufacturer after F27–020, dated February 23, 2004, into Regulatory Findings
accomplishing the service bulletin. the airplane maintenance manual. We have determined that this
• Incorporating the changes specified Fokker Services Manual Change proposed AD would not have federalism
in Fokker Services Manual Change Notification MCNO F27–018 adds items implications under Executive Order
Notification MCNO F27–020, dated to the taxiing checklist to advise the 13132. This proposed AD would not
February 23, 2004, into the airplane pilot to verify if the seal wire is have a substantial direct effect on the
maintenance manual. installed. Fokker Services Manual States, on the relationship between the
Accomplishing the actions specified Change Notification MCNM F27–020 national Government and the States, or
in the service information is intended to adds information to advise maintenance on the distribution of power and
adequately address the unsafe personnel to verify that the seal wire is responsibilities among the various
condition. The CAA–NL mandated the installed. We have determined that levels of government.
service information and issued Dutch incorporation of these changes to the For the reasons discussed above, I
airworthiness directive 2004–037 R1, airplane flight and maintenance certify that the proposed regulation:
dated April 14, 2005, to ensure the manuals is not necessary for adequately 1. Is not a ‘‘significant regulatory
continued airworthiness of these addressing the unsafe condition of this action’’ under Executive Order 12866;
airplanes in the Netherlands. AD. This difference also has been 2. Is not a ‘‘significant rule’’ under the
coordinated with the CAA–NL. DOT Regulatory Policies and Procedures
FAA’s Determination and Requirements (44 FR 11034, February 26, 1979); and
of the Proposed AD Although the Accomplishment
Instructions of Fokker Service Bulletin 3. Will not have a significant
These airplane models are F27/28–67 describe procedures for economic impact, positive or negative,
manufactured in the Netherlands and informing the manufacturer of on a substantial number of small entities
are type certificated for operation in the accomplishment of the service bulletin, under the criteria of the Regulatory
United States under the provisions of this proposed AD would not require Flexibility Act.
section 21.29 of the Federal Aviation those actions. We do not need this We prepared a regulatory evaluation
Regulations (14 CFR 21.29) and the information from operators. of the estimated costs to comply with
applicable bilateral airworthiness this proposed AD. See the ADDRESSES
agreement. Pursuant to this bilateral Clarification of Inspection Terminology section for a location to examine the
airworthiness agreement, the CAA–NL The ‘‘inspection’’ specified in the regulatory evaluation.
has kept the FAA informed of the Fokker service bulletin is referred to as List of Subjects in 14 CFR Part 39
situation described above. We have a ‘‘general visual inspection’’ in this
examined the CAA–NL’s findings, proposed AD. We have included the Air transportation, Aircraft, Aviation
evaluated all pertinent information, and definition for a general visual inspection safety, Safety.
determined that we need to issue an AD in a note in the proposed AD. The Proposed Amendment
for products of this type design that are
certificated for operation in the United Costs of Compliance Accordingly, under the authority
States. delegated to me by the Administrator,
This proposed AD would affect about
Therefore, we are proposing this AD, the FAA proposes to amend 14 CFR part
1 airplane of U.S. registry. The proposed
which would require accomplishing the 39 as follows:
actions would take about 2 work hours
actions specified in the service per airplane, at an average labor rate of PART 39—AIRWORTHINESS
information described previously, $65 per work hour. Based on these DIRECTIVES
except as discussed under ‘‘Differences figures, the estimated cost of the
Between the Proposed AD and the proposed AD for the one U.S. operator 1. The authority citation for part 39
Dutch Airworthiness Directive.’’ is $130. continues to read as follows:
Differences Between the Proposed AD Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701.
and the Dutch Airworthiness Directive Title 49 of the United States Code § 39.13 [Amended]
The applicability of Dutch specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding
airworthiness directive 2004–037 R1 rules on aviation safety. Subtitle I, the following new airworthiness
excludes airplanes on which Fokker Section 106, describes the authority of directive (AD):
Service Bulletin F27/28–58, dated May the FAA Administrator. Subtitle VII, Fokker Services B.V.: Docket No. FAA–
12, 1986, has been accomplished. Aviation Programs, describes in more 2005–21683; Directorate Identifier 2005–
However, we have not excluded those detail the scope of the Agency’s NM–021–AD.
airplanes in the applicability of this authority. Comments Due Date
proposed AD; rather, this proposed AD We are issuing this rulemaking under
includes credit for the actions specified the authority described in subtitle VII, (a) The Federal Aviation Administration
must receive comments on this AD action by
in that service bulletin. Operators must part A, subpart III, section 44701, July 29, 2005.
continue to operate the airplane in the ‘‘General requirements.’’ Under that
configuration required by this proposed section, Congress charges the FAA with Affected ADs
AD unless an alternative method of promoting safe flight of civil aircraft in (b) None.

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Federal Register / Vol. 70, No. 124 / Wednesday, June 29, 2005 / Proposed Rules 37293

Applicability Alternative Methods of Compliance ADDRESSES: Use one of the following


(c) This AD applies to Fokker Model F27 (AMOCs) addresses to submit comments on this
Mark 200, 400, 500, and 600 airplanes, (j) The Manager, International Branch, proposed AD.
certificated in any category; serial numbers ANM–116, Transport Airplane Directorate, • DOT Docket Web site: Go to
10505 through 10591 inclusive; not equipped FAA, has the authority to approve AMOCs http://dms.dot.gov and follow the
with inboard wing fuel tanks. for this AD, if requested in accordance with instructions for sending your comments
the procedures found in 14 CFR 39.19. electronically.
Unsafe Condition
Related Information • Government-wide rulemaking Web
(d) This AD was prompted by investigation
(k) Dutch airworthiness directive 2004–037 site: Go to http://www.regulations.gov
of a recent accident, which found that the
rotary knobs controlling the fuel tank R1, dated April 14, 2005, also addresses the and follow the instructions for sending
isolating valves had been in the shut subject of this AD. your comments electronically.
position. We are issuing this AD to ensure Issued in Renton, Washington, on June 21, • Mail: Docket Management Facility,
that the rotary knobs are not inadvertently 2005. U.S. Department of Transportation, 400
moved to the shut position, which could Ali Bahrami, Seventh Street, SW., Nassif Building,
result in fuel starvation to both engines and Manager, Transport Airplane Directorate,
room PL–401, Washington, DC 20590.
consequent inability to maintain controlled Aircraft Certification Service. • By fax: (202) 493–2251.
flight and landing. • Hand Delivery: Room PL–401 on
[FR Doc. 05–12838 Filed 6–28–05; 8:45 am]
Compliance the plaza level of the Nassif Building,
BILLING CODE 4910–13–P
400 Seventh Street, SW., Washington,
(e) You are responsible for having the
DC, between 9 a.m. and 5 p.m., Monday
actions required by this AD performed within
the compliance times specified, unless the DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays.
actions have already been done. For service information identified in
Federal Aviation Administration this proposed AD, contact Boeing
Inspection and Corrective Action if Commercial Airplanes, P.O. Box 3707,
Applicable Seattle, Washington 98124–2207.
14 CFR Part 39
(f) Within 3 months after the effective date You can examine the contents of this
of this AD, do a general visual inspection of [Docket No. FAA–2005–21701; Directorate AD docket on the Internet at http://
the rotary knobs for the fuel tank isolation Identifier 2005–NM–086–AD] dms.dot.gov, or in person at the Docket
valves to determine if the seal wire is Management Facility, U.S. Department
installed correctly and do the corrective RIN 2120–AA64
of Transportation, 400 Seventh Street
action(s) as applicable, in accordance with
the Accomplishment Instructions of Fokker Airworthiness Directives; Boeing SW., room PL–401, on the plaza level of
Service Bulletin F27/28–67, dated February Model 747 and 767 Airplanes the Nassif Building, Washington, DC.
23, 2004. Do the applicable corrective actions This docket number is FAA–2005–
before further flight. AGENCY: Federal Aviation 21701; the directorate identifier for this
Note 1: For the purposes of this AD, a Administration (FAA), Department of docket is 2005–NM–086–AD.
general visual inspection is: ‘‘A visual Transportation (DOT). FOR FURTHER INFORMATION CONTACT:
examination of an interior or exterior area, ACTION: Notice of proposed rulemaking Diane Pagel, Aerospace Engineer,
installation, or assembly to detect obvious (NPRM). Systems and Equipment Branch, ANM–
damage, failure, or irregularity. This level of 130S, FAA, Seattle Aircraft Certification
inspection is made from within touching SUMMARY: The FAA proposes to adopt a Office, 1601 Lind Avenue, SW., Renton,
distance unless otherwise specified. A mirror new airworthiness directive (AD) for Washington 98055–4056; telephone
may be necessary to ensure visual access to certain Boeing Model 747 and 767 (425) 917–6488; fax (425) 917–6590.
all surfaces in the inspection area. This level airplanes. This proposed AD would
of inspection is made under normally SUPPLEMENTARY INFORMATION:
require reworking the electrical bonding
available lighting conditions such as between the airplane structure and the Comments Invited
daylight, hangar lighting, flashlight, or
pump housing of the outboard boost We invite you to submit any relevant
droplight and may require removal or
opening of access panels or doors. Stands,
pumps in the main fuel tank of certain written data, views, or arguments
ladders, or platforms may be required to gain Boeing Model 747 airplanes, and regarding this proposed AD. Send your
proximity to the area being checked.’’ between the airplane structure and the comments to an address listed under
pump housing of the override/jettison ADDRESSES. Include ‘‘Docket No. FAA–
Credit for Alternative Method of Compliance pumps in the left and right wing center 2005–21701; Directorate Identifier
(g) Actions done before the effective date auxiliary fuel tanks of certain Boeing 2005–NM–086–AD’’ in the subject line
of this AD in accordance with Fokker Service Model 767 airplanes. This proposed AD of your comments. We specifically
Bulletin F27/28–58, dated May 12, 1986, are would also require related investigative
acceptable for compliance with the
invite comments on the overall
actions and corrective actions if regulatory, economic, environmental,
requirements of paragraph (f) of this AD. necessary. This proposed AD is and energy aspects of the proposed AD.
Parts Installation prompted by the results of fuel system We will consider all comments
(h) As of the effective date of this AD, no
reviews conducted by the manufacturer. submitted by the closing date and may
person may install a rotary knob having part We are proposing this AD to prevent amend the proposed AD in light of those
number E16032–3, 10632–10003, or P80–004 insufficient electrical bonding, which comments.
on any airplane, unless the corrective actions could result in a potential of ignition We will post all comments we
specified in paragraph (f) of this AD have sources inside the fuel tanks, and receive, without change, to http://
been accomplished. which, in combination with flammable dms.dot.gov, including any personal
No Reporting Requirement
fuel vapors, could result in fuel tank information you provide. We will also
explosions and consequent loss of the post a report summarizing each
(i) Although the service bulletin referenced airplane.
in this AD specifies to submit certain substantive verbal contact with FAA
information to the manufacturer, this AD DATES: We must receive comments on personnel concerning this proposed AD.
does not include that requirement. this proposed AD by August 15, 2005. Using the search function of that Web

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